Employees repaid more than $100,000 for fair work

A BERWICK service station has been accused of underpaying two employees more than $111,000 between 2007 and 2012.
The Fair Work Ombudsman has launched legal action against the operators of Liquid Fuel Pty Ltd, which operates a service station trading as BP on Clyde Road in Berwick, alleging the two employees, both recent immigrants, were underpaid.
Also facing court are service station managers Xin Zhang and his wife Linda Qu, and Liquid Fuel part-owner and director Nian Li, who is Ms Qu’s father.
The employees were Indian nationals who were both aged 28 and in Australia on visas when they began their employment. One is now a permanent resident of Australia and the other is now an Australian citizen.
It is alleged the employees were paid flat rates ranging from $10 to $17 an hour, resulting in underpayment of their minimum hourly rates, casual loadings and penalty rates for overtime, weekend and public-holiday work.
The employees were allegedly entitled to receive up to $27 an hour for some work they performed. Record-keeping and payslip breaches are also alleged. The alleged underpayments were subsequently rectified, with the employees being back-paid individual amounts of $58,584 and $53,290.
Acting Fair Work Ombudsman Michael Campbell said the significant amounts and the involvement of vulnerable workers were key factors in the decision to begin legal action.
Xin Zhang, Linda Qu and Nian Li were allegedly involved in Liquid Fuel committing several breaches of workplace laws. The individuals face penalties of up to $6600 per breach and the company faces penalties of up to $33,000 per breach. A direction’s hearing was listed in the Federal Court in Melbourne on 27 May.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visitwww.fairwork.gov.au.